Swarovski Aktiengesellschaft v Xia Men (Summary Decision _Transfer) [2014] DRS 14025 (20 May 2014)

Swarovski Aktiengesellschaft v Xia Men (Summary Decision _Transfer) [2014] DRS 14025 (20 May 2014)

The domain name was found to be identical or confusingly similar to the complainant's trademark, the respondent had no legitimate rights or interests, and the registration was made in bad faith; therefore, transfer was ordered.

Source-derived case information.

Citation
[2014] DRS 14025
Parties
Complainant: Swarovski Aktiengesellschaft; Respondent: Xia Men
Jurisdiction
United Kingdom
Judgment Date
20 May 2014
Procedural Posture
Domain Name Dispute / Summary Decision
Outcome
domain name transferred
Legal Topics
Domain Name Transfer, Trademark Infringement
Intellectual Property Internet Law Domain Name Transfer Trademark Infringement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Swarovski Aktiengesellschaft

Complainant

Xia Men

Respondent

Procedural Posture

Domain Name Dispute / Summary Decision

Legal Issues

  1. 1 whether the respondent's registration of the domain name infringes the complainant's trademark rights
  2. 2 whether the domain name should be transferred to the complainant

Ratio Decidendi

The domain name was found to be identical or confusingly similar to the complainant's trademark, the respondent had no legitimate rights or interests, and the registration was made in bad faith; therefore, transfer was ordered.

Court Disposition

domain name transferred

Orders

  • transfer of the domain name to the complainant